New Privacy Proposal Drafted In California That Restricts Tech Companies From Using First-Party Data For Ads

The goal to prevent tech giants from utilizing users’ personal data for the sake of advertising was recently drafted by a leading privacy regulator in Florida.

The latest regulations were put out by the top privacy protection agency in California as a potential idea that continues to be floated around. This was an integral part of a giant package of limitations that stopped firms from using their respective algorithms that could be made use of for putting together advertising profiles.

Such draft rules would prevent firms from gathering personal data of the different users that hail between the 13 to 15 year age bracket that’s reserved for gathering personal data of various individuals without putting in consent about the matter.

The arrival of such a proposal seems to be unclear in terms of what exactly is being offered and if it would enable those who are older and are adults and therefore can step out of the likes of profiling. However, the agency did mention how such proposals are designed to entail such requirements.

The company even detailed how such regulations would also be applicable to various firms that make use of technology that makes decisions automatically to allow for consumer profiling to help with putting out targeted ads and that would not be in reference to the client’s age.

Such a statement was also revealed that spoke about companies giving consumers the chance to opt out of the act but when asked to answer the long of queries, their spokesperson failed to provide any replies regarding the proposals.

The draft is adding a new definition to the word profiling as any type of processing linked to the user’s personal data. It’s designed to evaluate various personal aspects linked to a natural individual and their behavior at work, toward health, and even their personal choices amongst so many others.

Such a proposal does not define the act of behavioral ads. As it is, the state law in California forces companies to enable citizens to decline consent when such matters are involved so that means opting out of targeting advertising depending on the individual’s activity found on various sites or platforms. This includes obtaining consent from kids between 13 to 15 before they put out personal data.

This kind of regulation would be one step too far, one leading attorney mentioned that was known to represent some leading advertising firms. According to him, the chance allotted to users to opt out of profiling would simply mean they were opting out of the likes of advertising. After all, most ads put out today depend on user data.

Moreover, the limitations that such a draft puts on first parties and their data use might hinder parts of the state law which forces firms to enable people to walk out of options like data transfer for the sake of behavioral ads.

But a top privacy expert named John Davisson mentioned how the state’s privacy law particularly directed privacy agencies to roll out rules in terms of making decisions through automated means.

He also mentioned how such a rule would force firms to enable opt-outs that give publishers the chance to roll out targeted ads across the board. Particular emphasis was put on how the industry falsely speaks about consumers wishing for targeted advertising. In reality, however, such opt-out features would call them out on their fake theories.

For now, the state’s Privacy Protection Agency is all set to unite for a discussion on this front, next week and that’s when we’ll find out more about the possible regulations.


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